I’m going to say that I am still somewhat troubled by the idea that you were prepared for this hearing by some lawyers who were very much involved in promoting the purported legal justification for the NSA wiretapping program….

I note, for example, that one of the people who participated in these sessions was Benjamin Powell. He recently advised President Bush on intelligence matters and was just given a recess appointment as general counsel to the national intelligence director.

I also see the name of White House Counsel Harriet Miers on the list. And she, obviously, is involved in the president’s position on this matter.

Bush’s warrantless surveillance program may soon come before the Supreme Court. Now we have key lawyers who created legal justifications for the program, such as Powell and White House counsel Harriet Miers, suggesting to Alito how he should respond to senators who ask questions about it. It is hard to imagine that these recommendations were not highly suggestive of how he should adjudicate the issue.

ThinkProgress has obtained a full list of everyone who attended Alito’s “murder boards.” You can check it out here.